DAMAGE TO PREMISES OR BUILDING. All injury to the Premises or the Building caused by moving the property of Tenant or its employees, agents, guests or invitees into, in or out of the Building and all breakage done by Tenant or the agents, servants, employees, and visitors of Tenant shall be repaired as determined by the Landlord at the expense of the Tenant.
DAMAGE TO PREMISES OR BUILDING. 11.1 In the event that the Building should at any time during the Lease Term be totally destroyed by fire or other casualty, this Lease shall terminate as of the date of such casualty. If the Building is damaged but not totally destroyed by the casualty or if there is an interruption in services or utilities provided by Landlord pursuant to Section 9.7 of this Lease, and, in the commercially reasonable opinion of the Landlord and Tenant, such damage or interruption in services or utilities prevents Tenant’s beneficial use of all or a substantial portion of the Premises, or prevents reasonable access to the Premises, then Tenant shall notify Landlord in writing, within thirty (30) days after the date Tenant’s beneficial use is so prevented. Landlord shall then state whether it intends to restore the Building or part thereof or the services or utilities in question and of how long, in Landlord’s opinion, the restoration will take to complete. In the event that the repairs and restoration can, in Landlord’s reasonable opinion, be completed within one hundred and eighty (180) days after the date Tenant’s beneficial use is so prevented, and Landlord will receive insurance proceeds sufficient to cover the costs of such repairs and restoration, Landlord shall restore the Building or part therefor the services or utilities in question. In the event the Premises or a substantial portion of the Building or reasonable access to the Premises or the delivery system for Building services or utilities should be so damaged or destroyed that restoration or repairs cannot, in Landlord’s reasonable opinion (and after consultation with Tenant), be completed within one hundred and eighty (180) days after the date Tenant’s beneficial use is so prevented, Landlord may at its option terminate this Lease upon notice to Tenant. Similarly, in the event Landlord’s notice notifies Tenant that the restoration in Landlord’s opinion will not be completed within one hundred and eighty (180) days after the date Tenant’s beneficial use is so prevented, Tenant shall have thirty (30) days from the date of Tenant’s receipt of Landlord’s notice to elect to terminate this Lease by delivering written notice of such termination to Landlord. If either Landlord or Tenant terminates this Lease as provided above, such termination shall be effective immediately upon the other party’s receipt of the notice of termination. In the event that Landlord is obligated or elects to restore the Building or part ...
DAMAGE TO PREMISES OR BUILDING. All damage or injury to the premises or to any other part of the Building, or to its fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, caused by or resulting from carelessness, omission, neglect or improper conduct of Tenant, Tenant’s agents, employees, contractors, invitees or licensees, shall be repaired promptly, at Tenant’s sole cost and expense, by either Landlord, or by Tenant subject to Landlord’s direction and supervision (and in accordance with ¶7 hereof), at Landlord’s option. If Landlord gives Tenant written notice that it will be required to make such repairs, and Tenant fails within ten days of the giving of such notice to proceed with due diligence to make the required repairs, the same may be made by Landlord. All expenses incurred by Landlord in making repairs or replacements under this ¶6(b) shall be collectible as additional rent due and payable pursuant to ¶17(d) below; provided that Tenant shall not be liable hereunder to the extent that Landlord is insured for such hazards and damages under a policy containing a waiver of subrogation clause and is reimbursed by its insurer for its losses.
DAMAGE TO PREMISES OR BUILDING. If any damage to the Premises or the Building or any equipment or appurtenance therein, belonging to Landlord, results from any act or negligence of Tenant, its employees, agents, contractors, licensees or invitees, Tenant shall be liable therefor.
DAMAGE TO PREMISES OR BUILDING. If the Premises or the Building are damaged by an insured casualty, occurring more than twenty four (24) months prior to the expiration of the term hereof, Landlord shall forthwith repair same, or cause same to be repaired, to the extent that insurance proceeds are made available to Landlord therefore and provided that such repairs can, in Landlord's reasonable opinion, be made within sixty (60) days from the date of such damage (without payment of overtime or other premiums) under the laws and regulations of the federal, state and local governmental authorities having jurisdiction thereof. If Landlord is not so required to repair such damage, Landlord shall have the option within forty-five (45) days from the date of such damage either to (i) notify Tenant of Landlord's election to repair such damage, in which event Landlord shall thereafter repair same, or (ii) notify Tenant of Landlord's election to immediately terminate this Lease, in which event this Lease shall be so terminated. Notwithstanding any contrary provision herein, and regardless of whether caused by casualty, (a) Landlord shall not be required to repair any damage to property with respect to which Tenant is required to maintain property insurance pursuant to Section 13.3 below, and (b) any damage caused by the negligence or willful misconduct of Tenant or any of its agents, contractors, employees, invitees or guests shall be promptly repaired by Tenant, at its sole cost and expense, to the reasonable satisfaction of Landlord; provided, however, that Landlord shall bear said cost and expense to the extent it receives proceeds, covering such damage, from insurance obtained by Landlord as part of Operating Costs. Tenant hereby waives the provisions of Section 1932, subdivision 2, and Section 1933, subdivision 4, of the Civil Code of California, and any similar law, statute or ordinance now or hereafter in effect.
DAMAGE TO PREMISES OR BUILDING. All damage or injury to the premises or to any other part of the Building, or to its fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, caused by or resulting from carelessness, omission, neglect or improper conduct of Tenant, Tenant's agents, employees, contractors, invitees or licensees, shall be repaired promptly, at Tenant's sole cost and expense, by either Landlord or, at Landlord's option, by Tenant subject to Landlord's direction and supervision (and in accordance with paragraph 7 hereof). If Landlord gives Tenant written notice that Tenant will be required to make such repairs and Tenant fails within ten days of the giving of such notice to proceed with due diligence to make the required repairs, the same may be made by Landlord, in which event all expenses incurred by Landlord therefor shall be paid by Tenant to Landlord as additional rent, and shall be due and payable with the monthly installment of rent next becoming due in accordance with the terms of paragraph 17(d) below; provided, however, that Tenant shall not be liable to Landlord for such expenses if and to the extent that (i) Landlord is insured for such hazards and damages under an insurance policy and (ii) Landlord is actually reimbursed by its insurer for such expenses.
DAMAGE TO PREMISES OR BUILDING. Subject to the applicability of Section 11, all damage or injury to the Premises or to the any other part of the Building, or to its fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, caused by or resulting from neglect or tortious conduct of Tenant, Tenant’s agents, employees, contractors, shall be repaired promptly, at Tenant’s sole cost and expense by either Landlord, or by Tenant subject to Landlord’s direction and supervision (and in accordance with Section 8 hereof), at Landlord’s option. If Landlord gives Tenant written notice that it will be required to make such repairs, and Tenant fails within twenty (20) days of the giving of such notice to proceed with due diligence commence to make the required repairs, the same may be made by Landlord. All reasonable expenses incurred by Landlord in making repairs or replacements under this Section 7(b) shall be collectible as additional rent due and payable pursuant to Section 17(d) below.
DAMAGE TO PREMISES OR BUILDING. Any damage to the Premises or the Building caused by the Tenant or any of its employees, contractors, or workers shall be repaired forthwith by the Landlord at the Tenant's expense or by the Tenant with the Landlord's approval. Any base building items such as lights, air diffusers, etc. that are removed by the Tenant's contractors shall be turned over to the Landlord and stored in the location designated by the Landlord.
DAMAGE TO PREMISES OR BUILDING. 13 20. Tenant's Insurance .................................. 13 21. Ad Valorem Taxes .................................... 14 22. Waiver .............................................. 15
DAMAGE TO PREMISES OR BUILDING.
17.1 If during the Term the Building or the Premises are damaged in a material way or destroyed:
17.1.1 the Licensor must notify the Licensee that either:
(a) the Licensor considers that repair of the Building or the Premises is impracticable or undesirable and the Licensor does not intend to repair the Premises or the Building, or
(b) the Licensor intends to repair or reinstate the Premises or the Building, stating a date by which the works will be completed.
17.1.2 If the Licensor has given a notice to the Licensee under clause 17.1.1(a), the Licensor or the Licensee may, by giving not less than 30 days’ notice to the other, terminate this Licence and no compensation is payable in respect of that termination.
17.1.3 the Licensee may terminate this Licence by giving not less than 30 days’ notice in writing to the Licensor if the Licensor has given a notice to the Licensee under clause 17.1.1(a) and the Licensor fails to repair or reinstate the Premises within the time stated in the notice.
17.2 If the Building is damaged so that the Premises are unfit for the Licensee’s occupation and use or (having regard to the nature and location of the Premises and the normal means of access) inaccessible, then a proportionate part of the Licence Fee and other amounts payable under this Licence, according to the nature and extent of damage or inaccessibility, abates until the Premises have been reinstated.
17.3 Clause 17.2 will not apply and clause 17 does not affect any rights the Licensor may have against the Licensee in connection with the damage or destruction to which clause 17 applies.
17.4 This clause 17 does not oblige the Licensor to restore or reinstate the Building or the Premises or access to either.
